Judith Jansen and Cyriel Ruers are litigating on behalf of various food companies at the Rotterdam District Court and the Trade and Industry Appeals Tribunal (CBb).
The cases revolve around the alleged presence of residues of biocides and other chemical substances in food products of animal origin. In these cases, the companies involved were ordered by the Netherlands Food and Consumer Product Safety Authority (NVWA) to recall large quantities of meat from the market. However, the companies claim that there is no recall obligation, because no specific food safety regulations were violated and the product in question was not harmful or unfit for human consumption.
The NVWA strictly monitors the safety of products of animal origin. This is done on the basis of the National Residue Plan (NPR), an EU-mandated monitoring program for animals and animal products. In this context, the NVWA takes tens of thousands of samples annually in farms and slaughterhouses, both before and after slaughter. If the NVWA finds substances in these samples that are prohibited or exceed the maximum permitted level, the NVWA can take enforcement measures, such as halting production, ordering a recall or imposing fines. See here for an overview of the main points of attention for recalls and enforcement by the NVWA.
When a residue content is too high when a product is put on the market, food business operators are sometimes obliged to carry out a public recall. To prevent these types of enforcement measures, it is important for food producers to be proactive and regularly test for the presence of residues in food products of animal origin. For more information about the applicable regulations and enforcement options of the NVWA, see this blog.
For more information about a company visit from the NVWA, watch the video briefing with practical tips or visit invalnvwa.nl.
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